|Michigan v Environmental Protection Agency (Supreme Court of the United States) - administrative law - EPA erred in deeming cost irrelevant to decision to regulate power plants - judgment of Court of Appeals for D. C. Circuit reversed
|Dionisatos (for the Estate of the late George Dionysatos) v Acrow Formwork & Scaffolding Pty Ltd (NSWCA) - negligence - dust diseases - erroneous deduction of compensation under Workers’ Compensation (Dust Diseases) Act 1942 (NSW) from damages awarded under s15B Civil Liability Act 2002 (NSW) - appeal allowed - cross-appeal dismissed
|ERA Polymers Pty Limited v Pacific Urethanes Pty Ltd (NSWCA) - contract - confidential information - no error in construction of deed - summons dismissed
|Summaries With Link (Five Minute Read)
|Michigan v Environmental Protection Agency
Supreme Court of the United States: Docket 14-26.
Roberts CJ, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor and Kagan JJ.
Administrative law - Clean Air Act directed Environmental Protection Agency to regulate emissions from power plants if it concluded “regulation is appropriate and necessary” after studying hazards to public health posed by emissions - EPA found power-plant regulation appropriate and necessary and refused to consider cost when making decision - Agency estimated cost of regulations would be $9.6 billion a year but quantifiable benefits $4 to $6 million a year - petitioners sought review - D. C. Circuit upheld Agency’s refusal to consider costs - held (by majority): EPA erred when it deemed cost irrelevant to decision to regulate power plants - EPA must consider cost before deciding whether regulation appropriate and necessary - Court reversed judgment of Court of Appeals for the D. C. Circuit and remanded cases for further proceedings consistent with its opinion.
|ERA Polymers Pty Limited v Pacific Urethanes Pty Ltd  NSWCA 283
Court of Appeal of New South Wales
Beazley P; Macfarlan & Meagher JJA
Contract - applicant sought declaration it was sole beneficial owner of formulations (confidential information) - applicant alleged respondent used confidential information - applicant sought orders restraining respondent from continuing to use the confidential information - applicant sought leave to appeal from refusal of leave to amend statement of claim and summarily dismissing proceedings - whether primary judge erred in construing deed of settlement and release, and an attached Toll manufacturing deed which was part of the deed of settlement and release - held: primary judge correct in construction of clauses of deed of settlement and release and manufacturing deed - in effect applicant had sought to vindicate rights anterior to deed - primary judge correct to dismiss proceedings - summons dismissed.
|Dionisatos(for the Estate of the late George Dionysatos) v Acrow Formwork & Scaffolding Pty Ltd  NSWCA 281
Court of Appeal of New South Wales
Basten, Macfarlan & Gleeson JJA
Negligence - dust diseases - statutory interpretation - worker employed by first respondent on construction of Sydney Opera House - worker suffered from mesothelioma and died in 2012 - .before death worker brought claim in Dust Diseases Tribunal against employer claiming illness caused by exposure to asbestos dust and fibres and that employer negligent by permitting his exposure - worker also alleged employer breached statutory duties and contractual obligations. - Tribunal upheld estate’s claim against employer and awarded damages including component pursuant to s15B Civil Liability Act 2002 (NSW) for worker’s loss of capacity to provide gratuitous domestic services for his wife - Tribunal deducted amount from s15B damages to reflect value of compensation to widow under Workers’ Compensation (Dust Diseases) Act 1942 (NSW) - parties appealed - held: .employer’s cross-appeal with respect to liability dismissed - Tribunal erred in deducting from s15B damages compensation paid or payable to widow under Dust Diseases Act - primary judge erred in assessment of s15B damages - matter remitted to Tribunal for determination of damages under s15B.